HomeMy WebLinkAbout21 ORD 1315 FORM COMM FAC DIST 06-1 08-07-06AGENDA REPORT
MEETING DATE: AUGUST 7, 2006
TO: WILLIAM HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1315 SECOND READING - COMMUNITY FACILITIES
DISTRICT NO. 06-1 (TUSTIN lEGACY/COLUMBUS VillAGES) FORMING
THE DISTRICT
SUMMARY:
The proposed ordinance will finalize the formation of the Community Facilities District
(CFD) for Columbus Villages.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1315 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On July 17, 2006, the City Council had first reading by title only and introduction of the
following Ordinance:
ORDINANCE NO. 1315 - An ordinance of the City of Tustin levying special taxes
within City of Tustin Community Facilities District No. 06-1 (Tustin
legacy/Columbus Villages)
Maria R. Huizar,
Chief Deputy City Clerk
ATTACHMENT: Ordinance
ORDINANCE NO. 1315
AN ORDINANCE OF THE CITY OF TUSTIN LJ!;VYING
SPECIAL TAXES WITIDN CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES)
WHEREAS, on June 5, 2006, the City Council (the "City Council") of the City of
Tustin, pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"). adopted a
resolution entitled "A Resolution of the City Council of the City of Tustin of Intention to
Establish a Community Facilities District and to Authorize the Levy of Special Taxes" stating its
intention to establish City of Tustin Community Facilities District No. 06-1 (Tustin
Legacy/Columbus Villages) (the "Community Facilities District") and to finance certain public
facilities (the "Facilities") and services (the "Services") and setting the date for a public hearing
to be held on the establishment of the Community Facilities District;
WHEREAS, on July 17, 2006, the City Council held a noticed public hearing on the
establishment of the Community Facilities District. as required by the Act;
WHEREAS, subsequent to the close of said hearing, on July 17, 2006, the City Council
adopted resolutions entitled "A Resolution of the City Council of the City of Tustin of Formation
of City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages),
Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations
Limit for the District" (the "Resolution of Formation"), "A Resolution of the City Council of the
City of Tustin Deeming it Necessary to Incur Bonded Indebtedness within City of Tustin
Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)" and "A Resolution
of the City Council of the City of Tustin Calling Special Election for City of Tustin Community
Facilities District No. 06-1 (Tustin Legacy/Columbus Villages)," which resolutions established
the Community Facilities District, authorized the levy of a special tax within the Community
Facilities District and called an election within the Community Facilities District on the
proposition of incurring indebtedness, levying a special tax within the Community Facilities
District and establishing an appropriations limit for the Community Facilities District,
respectively; and
WHEREAS, on July 17, 2006, an election was held in which the qualified electors of the
Community Facilities District approved said proposition by more than the two-thirds vote
required by the Act;
THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council hereby authorizes and levies special taxes within the
Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in
accordance with the method of apportionment set forth in Exhibit A to the Resolution of
Formation (the "Rate and Method of Apportionment"). The special taxes are hereby levied
commencing in fiscal year 2006-07 and in each fiscal year thereafter until the last fiscal year in
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which such special taxes are authorized to be levied pursuant to the Rate and Method of
Apportionment.
Section 2. The City Council may, in accordance with subdivision (b) of Section 53340 of
the Act, provide, by resolution, for the levy of the special tax in future tax years at the same rate
or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax be
levied on any parcel within the Community Facilities District in excess of the maximum tax
specified therefor in the Rate and Method of Apportionment.
Section 3. The special tax shall be levied on all of the parcels in the Community
Facilities District, unless exempted by law or by the Rate and Method of Apportionment.
Section 4. The proceeds of the special tax shall only be used to pay, in whole or in part,
the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.
Section 5. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same procedure,
sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless
another procedure is adopted by the City Council.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the Community Facilities
District, by a court of competent jurisdiction, the balance of this Ordinance and the application of
the special tax to the remaining parcels within the Community Facilities District shall not be
affected.
Section 7. This Ordinance shall take effect and shall be in force 30 days after the date of
its adoption and prior to the expiration of 15 days from the passage thereof shall be published at
least once in the Tustin News, a newspaper of general circulation, printed and published in the
City of Tustin, State of Cali fomi a, together with the names of the City Council members voting
for and against the same.
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PASSED, ADOPTED and APPROVED this _ day of
City Council of the City of Tustin, California.
, 2006, by the
Doug Davert, Mayor
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
By:
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